California Court of Appeal

Held that a defendant was entitled to a new trial because she did not knowingly and voluntarily waive her right to a jury trial. The defendant, who was convicted of second-degree murder, argued that she did not understand what a jury is. Finding merit in her argument, the California Second Appellate District explained that although there is no rigid formula for what a jury advisement must include, the record here did not show whether she understood that a jury is comprised of individuals from the community instead of, for example, a collection of judges. The panel remanded for a new trial.

Appellate Information

• Published 2018/08/21

Judges

• Feuer

Court

• California Court of Appeal

Counsel